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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. Misc. No. 254
En Banc
Feb 14, 2013

vs. Daniel Escamilla

The Workers' Compensation Appeals Board suspends Daniel Escamilla's privilege to appear before it as a non-attorney representative for 90 days, finding good cause due to a repeated pattern of sanctionable conduct, including frivolous filings and misrepresentations of fact.

Labor Code section 4907nonattorney hearing representativeprivilege to appearWCABgood causefrivolous conductsanctionsLabor Code section 5813WCAB Rule 10561willful misrepresentation
References
54
Case No. ADJ3995222
Regular
Oct 03, 2014

CHRISTINE PUBLICOVER vs. BOUGET BROS, LIBERTY MUTUAL INSURANCE

This case concerns Dr. Mark Greenspan's lien, which was dismissed due to non-appearance at a lien conference. The Workers' Compensation Appeals Board (WCAB) denied Dr. Greenspan's Petition for Reconsideration, upholding the dismissal. The WCAB found that Dr. Greenspan failed to establish good cause for his non-appearance, as the alleged hacking issue did not justify the lack of awareness regarding the hearing date. Furthermore, the WCAB noted that defendants are not obligated to contact lien claimants about non-appearances.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportSection 10848lien conferenceNotice of Intent (NOI)EAMSlien claimantgood causehacking
References
0
Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
Case No. ADJ7711093
Regular
Nov 10, 2014

Fernando Sosa vs. Source One Staffing, CIGA by its Servicing Facility Patriot Risk Services, For Ullico, in liquidation

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it was unverified. The Board also granted removal on its own motion due to the lien claimant's repeated failure to appear at lien conferences and file proper objections. This conduct, along with filing an invalid petition, suggests potential bad faith and warrants a Commissioner's Conference to determine if sanctions should be imposed. The lien claim was ultimately dismissed by the WCJ for non-appearance.

Workers' Compensation Appeals BoardFernando SosaSource One StaffingCIGAUllicoPetition for ReconsiderationLien ClaimantCalifornia Physician NetworkLLCDenise Mejia
References
2
Case No. ADJ850699 (LAO 0861491)
Regular
Nov 07, 2008

Sigfredo Molina vs. Jeans of America, Everest National Insurance

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the Administrative Law Judge's Supplemental Findings and Orders. The Board found no error in the Judge proceeding with the hearing and issuing an award despite the defendant's repeated failure to appear at trial, finding no good cause was shown for their absence. The defendant's arguments regarding lack of due process and procedural errors were rejected as the Judge followed proper procedures by providing notice and opportunity to object after the defendant's non-appearance.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental FindingsTemporary Total DisabilityPermanent and StationaryPermanent DisabilityApportionmentLien ClaimsSelf-Procured Medical TreatmentSummary of Evidence
References
0
Case No. ADJ2176409
Regular
Aug 24, 2015

SHARIFAH ROSSO vs. HRT INDUSTRIES; CIGA, by its servicing facility SEDGWICK CMS, for MISSION INSURANCE COMPANY, in liquidation

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by lien claimant Drew Hall, D.C. The Board adopted the reasoning of the administrative law judge, which was supported by the defendant's answer, for denying the petition. The petition argued the lien claimant should be excused from his own negligence in failing to appear at scheduled hearings. The lien claimant's lien was dismissed due to repeated non-appearances at lien hearings, and an order of dismissal was issued and served. The lien claimant's subsequent objection was untimely and did not warrant reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ ReportApplicantDefendantHRT IndustriesCIGAMission Insurance CompanyLiquidation
References
0
Case No. MISSING
Regular Panel Decision

Claim of Feliciano v. Copstat Security Corp.

Claimant, a security dispatcher, sought workers' compensation benefits following a motor vehicle accident, alleging work-related neck and back injuries. The Workers' Compensation Law Judge (WCLJ) disallowed the claim, citing a lack of medical evidence demonstrating disability, and precluded the testimony and medical reports of the treating neurologist, Sherwood Jacobson, and treating chiropractor, Bonnie Glassman, due to their repeated failure to appear for scheduled hearings. The Workers’ Compensation Board upheld this decision. The appellate court affirmed, finding no error in the Board's decision to preclude the medical professionals' testimony and reports given their non-appearances despite due notice and subpoenas, in accordance with 12 NYCRR 300.10 [c].

Workers' CompensationMedical TestimonyPreclusion of EvidenceTreating PhysicianChiropractorNeurologistDisability ClaimAppellate ReviewProcedural RulesNon-Appearance
References
4
Case No. ADJ1500144 (SAC 0290200) ADJ820065 (SAC 0352087) ADJ1538813 (MON 0309956) ADJ3751110 (MON 0326164)
Regular
Apr 09, 2009

PARVIN OLFATI (aka PATTY OLFATI) vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, Legally Uninsured; and STATE COMPENSATION INSURANCE FUND (Adjusting Agency)

This case involves applicant Parvin Olfati's petition for reconsideration of an order dismissing her four workers' compensation cases. The dismissal was based on her failure to timely object to a Notice of Intention to dismiss, stemming from her refusal to participate and her non-appearance at a mandatory settlement conference. The Workers' Compensation Appeals Board denied her petition, finding she did not establish good cause for her non-appearance or failure to timely object. Her arguments regarding fear for her safety, lost files, and denial of discovery were deemed insufficient to excuse her non-compliance.

WCABPetition for ReconsiderationNotice of Intention to DismissMandatory Settlement ConferenceGood CauseTimely ObjectionWCJReport and RecommendationAdministrative Law JudgeEAMS
References
1
Case No. ADJ430401 (LAO 0856105)
Regular
Feb 21, 2017

JANICE SIMMONS vs. SECURITAS SECURITY SERVICES, USA, INC., SEDGWICK CMS

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration of an order dismissing its lien claim for non-appearance. The dismissal was based on the lien claimant's failure to appear at a lien conference and file an objection. However, the lien claimant argued it was never properly served with the dismissal order. The Board found insufficient proof of service in the record and therefore rescinded the dismissal order. The case is returned to the trial level for the judge to determine if the lien claimant has shown good cause for its non-appearance.

Lien claimantPetition for ReconsiderationOrder Dismissing Lien ClaimNon-AppearanceWCAB Rule 10562Proof of ServiceNotice of RepresentationAdministrative Law JudgeWith PrejudiceObjection
References
0
Case No. ADJ1297763
Regular
Dec 16, 2010

MARTIN LOPEZ GARCIA vs. RIVER RANCH FRESH FOODS, INTERCARE INSURANCE SERVICES

This case concerns a lien claimant, Frontier Medical Inc., whose lien for durable medical equipment was dismissed by a WCJ for failing to appear at a scheduled lien trial. The lien claimant argued their non-appearance was an inadvertent mistake and that they were entitled to a hearing on the merits. The Appeals Board granted reconsideration, rescinded the dismissal order, and remanded the case for further proceedings. The Board emphasized the legal policy favoring hearings on the merits, especially in workers' compensation cases, and found the lien claimant's explanation for non-appearance warranted further consideration.

Workers' Compensation Appeals BoardLien claimantLien trialNotice of Intention to DismissDue processHearing on the meritsSanctionsLabor Code section 4903(b)Durable medical equipmentInadvertent mistake
References
9
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